Michigan Compiled Laws 174-1962-2-6 Part 6 Breach, Repudiation And Excuse (440.2601...440.2616)
- Section 440.2601 Improper Delivery; Buyer's Rights.
Subject to the provisions of this article on breach in installment contracts (section 2612) and unless otherwise agreed under the sections on contractual limitations...
- Section 440.2602 Rejection Of Goods.
(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the...
- Section 440.2603 Rejection Of Goods; Merchant Buyer's Duties.
(1) Subject to any security interest in the buyer (subsection (3) of section 2711), when the seller has no agent or place of business...
- Section 440.2604 Rejection Of Goods; Buyer's Options.
Subject to the provisions of the immediately preceding section on perishables if the seller gives no instructions within a reasonable time after notification of...
- Section 440.2605 Rejection Of Goods; Failure Of Buyer To Particularize Defect.
(1) A buyer's failure to state in connection with rejection a particular defect that is ascertainable by reasonable inspection precludes the buyer from relying...
- Section 440.2606 Acceptance Of Goods; Occurrence.
(1) Acceptance of goods occurs when the buyer (a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods...
- Section 440.2607 Acceptance Of Goods; Effect; Notice Of Breach; Burden Of Establishing Breach; Notice Of Claim Or Litigation To Person Answerable.
(1) The buyer must pay at the contract rate for any goods accepted. (2) Acceptance of goods by the buyer precludes rejection of the...
- Section 440.2608 Acceptance Of Goods; Revocation, Time, Notice, Effect.
(1) The buyer may revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has...
- Section 440.2609 Contract For Sale; Performance; Insecurity, Demand, Assurance Of Due Performance.
(1) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When...
- Section 440.2610 Anticipatory Repudiation.
When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of...
- Section 440.2611 Anticipatory Repudiation; Retraction.
(1) Until the repudiating party's next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or...
- Section 440.2612 Installment Contract; Breach.
(1) An “installment contract” is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the...
- Section 440.2613 Casualty To Identified Goods; Total Loss; Partial Loss, Option Of Buyer.
Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party...
- Section 440.2614 Substituted Performance; Acceptance, Payment.
(1) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or...
- Section 440.2615 Failure Of Presupposed Conditions; Nondelivery, Partial Delivery, Excuse.
Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance: (a) Delay in...
- Section 440.2616 Procedure On Notice Claiming Excuse.
(1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section he may by written...
Last modified: October 10, 2016